Where are all the insolvencies? An analysis of the figures
In normal circumstances each year there are thousands of companies which end up (voluntarily or otherwise) in some form of external administration. In the middle of a pandemic, you would expect that this figure would increase. Contrary to this however,...
23 February, 2021
Demand from a liquidator for an uncommercial transaction
It is not uncommon for businesses to receive a demand from a liquidator claiming they have benefited from an uncommercial transaction however they should not be taken lightly. Recipients should immediately seek specialist legal advice as there can be serious,...
17 February, 2021
Winding up a company for reasons other than insolvency
The most common reason that companies are wound up is because they are insolvent (often initiated by an unpaid creditor). Did you know, however, that companies can be wound up on grounds other than insolvency? This is called winding up...
9 February, 2021
Three strategies to get paid in 2021
It is a sobering reality that as Australia starts to come out of the COVID-19 pandemic, many businesses in the supply chain are likely to fail and cause a domino reaction with their contacts. You need to set yourself up...
1 February, 2021
Unpacking Unfair Preferences Series: Running account defence
When a liquidator brings a claim for an unfair preference against a company or individual, there are a number of defences available to them. In our earlier article we discussed the commonly used good faith defence. Another commonly used defence...
25 November, 2020
Unpacking Unfair Preferences Series: The good faith defence
The good faith defence is one of the most common in unfair preference cases, however it is not successful in many cases. It is important to understand the factors and evidence which will put you in the best position to...
18 November, 2020
Insolvent trading – know your obligations
Due to the economic repercussions of COVID-19, insolvent trading has become an area of law that all those involved in business should understand. With the temporary relief on insolvent trading for directors scheduled to end on 31 December 2020, it...
9 November, 2020
Selling Your Business: Common Mistakes
After a sale of business is completed we see people being sued for the same issues again and again. We have outlined below two of the most commonly litigated areas and some tips to minimise the risk of being sued. ...
12 October, 2020
How are the Courts handling COVID-19?
COVID-19 has affected almost every part of our lives. Businesses have had to adapt quickly to change in environment, as have the legal profession and the Courts. Each court has approached the issue differently with varying levels of change to...
22 April, 2020
Guide to appealing your case in commercial matters
Every court is different when it comes to appealing a decision. It is important to be aware of the different requirements if you are considering appealing a decision as well as the consequences that may result from the appeal. On...
9 April, 2020
Informal agreement with friend becomes a costly battle
In brief Time and time again, we see people entering into informal agreements without proper documentation. As the recent case of Neve v Kent [2020] VCC 22 demonstrates, even if you trust the other party it is important to properly...
10 March, 2020
Power of Attorney – what to do if the position is being abused
As Australia’s aging population continues to rapidly expand, more and more people are asking their loved ones to be their Power of Attorney when they are incapable of managing their own affairs. By and large this arrangement works and is...
11 September, 2019
Is my Google review defamatory?
So, when is a Google review considered defamatory? What is the line between someone sharing their honest opinion in the review and that review becoming defamatory?
8 July, 2019
Selling Your Business: Five Common Dangers to Avoid
Selling a business requires careful consideration and planning. Often, if a business doesn’t perform as expected, the purchaser will look to the vendor to compensate them for the poor performance of the business.
3 July, 2019
What to do when your customer becomes insolvent
It is an unfortunate reality that your business can be severely affected when one of your customers become insolvent. Special Counsel Catherine Ballantyne outlines some strategies for minimising your exposure to risk in such circumstances.
15 October, 2018
Six things you need to know about defamation
With the advent of social media, traditional defamation principles are constantly being adapted in the Courts to meet the demands in our new online world. Special Counsel Catherine Ballantyne outlines what you need to know.
1 October, 2018
Property buyer beware: an expensive lesson in ‘cooling off’!
In brief Two property purchasers in Richmond, Victoria, have learned the hard way that giving notice to the real estate agent, rather than the vendor, to terminate their residential purchase contract during the cooling off period, was not sufficient. What...
18 April, 2016
Who pays what? The issue of ‘lot liabilities’
In brief A decision in a recent Supreme Court case regarding ‘lot liabilities’ has significant implications for Owners Corporation (OC) members, OC managers and property developers. What you need to know Lot liabilities for the purpose of OC fees can...
23 November, 2015
Never say never: Company reinstated after 84 years
In brief In a rare occurrence, a court has ordered that a company be reinstated, some 84 years after it was deregistered, to enable a family to obtain its inheritance. What you need to know Time is not prohibitive to...
25 August, 2015
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